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Started By
Message
HOA Attorney Suggestions
Posted on 1/31/25 at 12:04 pm
Posted on 1/31/25 at 12:04 pm
Short Version
HOA Approved a neighbor's cement parking extension to the property line, but didn't take into account drainage issues. Not only does this cement slope towards my property, but they have also created a dam stopping his backyard from draining. This has caused a TON of issue since the only drainage is now through my backyard towards the front yard. I reached out to the HOA, and they denied all responsibility even stating, "we aren't drainage engineers."
I understand I can take my neighbor to civil court, but he only did what was approved and while this isn't my forever home, I'd rather not create enemies 22 feet from me.
HOA Approved a neighbor's cement parking extension to the property line, but didn't take into account drainage issues. Not only does this cement slope towards my property, but they have also created a dam stopping his backyard from draining. This has caused a TON of issue since the only drainage is now through my backyard towards the front yard. I reached out to the HOA, and they denied all responsibility even stating, "we aren't drainage engineers."
I understand I can take my neighbor to civil court, but he only did what was approved and while this isn't my forever home, I'd rather not create enemies 22 feet from me.
46
Posted on 1/31/25 at 12:05 pm to BadatBourre
How much you planning on putting down for a retainer?
Posted on 1/31/25 at 12:09 pm to boosiebadazz
This is more than likely going to end up in small claims court, unless the HOA decides to bring the housing development into this due to others already having drainage issues. I'm thinking I don't necessarily will need to have an attorney present, but I'd prefer to pay the fee to see if this is worth my time and all of my legal options.
I'd like to keep my neighbor out of it as much as possible.
I'd like to keep my neighbor out of it as much as possible.
Posted on 1/31/25 at 12:11 pm to BadatBourre
quote:
I understand I can take my neighbor to civil court,
He's the one causing the problem.
Posted on 1/31/25 at 12:12 pm to BadatBourre
put a dam up preventing it from going into your yard
Posted on 1/31/25 at 12:12 pm to BadatBourre
quote:
I'd like to keep my neighbor out of it as much as possible.
Not sure that’s really an option since it’s his property causing the issue, not the HOA
Posted on 1/31/25 at 12:13 pm to Topwater Trout
quote:
put a dam up preventing it from going into your yard
HOA would never approve that.
Posted on 1/31/25 at 12:14 pm to BiggerBear
Correct, but designs were submitted to the HOA and were approved by the HOA board members. You would think a board would take into account not only drainage, and also its directly over the drainage servitude.
Posted on 1/31/25 at 12:14 pm to BadatBourre
Check your deed restrictions. May be a non-liability cause for architectural review decisions made by the HOA. You’ll have to sue your neighbor if you are serious about this.
Posted on 1/31/25 at 12:14 pm to boosiebadazz
This is no bullshite. I have to go to a lawyer next week for some family related business. When I talked to the girl who does the appointments she told me the up front cost would be.. and she said "three fifty". For a split second I asked myself "does she post on the OT?".
Posted on 1/31/25 at 12:16 pm to BadatBourre
This seems more of a code enforcement issue that an HOA one.
Posted on 1/31/25 at 12:17 pm to BadatBourre
quote:
but designs were submitted to the HOA and were approved by the HOA board members. You would think a board would take into account not only drainage, and also its directly over the drainage servitude.
I think you are going to have a hard time going against an HOA on that. The are right, they aren't engineers. Just because they approved a project doesn't mean that an neighbor had a right to cause damage to your property.
What are you wanting to happen? For the concrete to be removed? You are going to have to go against your neighbor for that.
Posted on 1/31/25 at 12:17 pm to BadatBourre
quote:
cement parking extension
Bring in the hammer…
This one:
Not this one:
Posted on 1/31/25 at 12:19 pm to BadatBourre
Presumably the only thing the HOA decides on is "is this design or construction with our guidelines on what can be in the property/neighborhood?" It's not their responsibility to assess drainage issues.
The homeowner who built it is responsible, and your suit will need to be against him. If you don't want to take him to civil court, either ask him to right what's been done or live with a flooded property.
The homeowner who built it is responsible, and your suit will need to be against him. If you don't want to take him to civil court, either ask him to right what's been done or live with a flooded property.
Posted on 1/31/25 at 12:25 pm to BadatBourre
What did your neighbor say when you discussed the drainage issue with him?
Posted on 1/31/25 at 12:26 pm to BadatBourre
its not the HOA's responsibility to check the engineering / drainage. Its the homeowners responsibility to adhere to the parish ordinances and prob state law that requires the homeowner to control their own runoff and not put their runoff on their neighbor. Your HOA is just responsible enforcing the building guildlines and restrictions, not hydraulics.
Posted on 1/31/25 at 12:27 pm to BadatBourre
I would never serve on an HOA board for free. Heck, I'm not doing anything for free that may subject me to legal, criminal or retaliatory actions.
Posted on 1/31/25 at 12:33 pm to TigerDeacon
Hard to believe that an HOA that requires detailed drawings to be submitted and approved before any additions to your home isn't responsible for what they approved.
Posted on 1/31/25 at 12:34 pm to BadatBourre
quote:
I'd like to keep my neighbor out of it as much as possible.
Negative. The neighbor is the one responsible for ensuring that anything he does on his property does not interrupt or disrupt the drainage of surrounding properties.
Posted on 1/31/25 at 12:37 pm to BadatBourre
quote:
Hard to believe that an HOA that requires detailed drawings to be submitted and approved before any additions to your home isn't responsible for what they approved.
The HOA isn't there to ensure code or drainage compliance. They are there to enforce neighborhood standards.
Your neighbor is who you have to deal with, and who is responsible. He is the one that screwed up the drainage, and he needs to fix it. Or you'll have to sue him.
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